Pealer v. Grays Harbor Boom Co.

Citations

• 54 Wash. 415
• 103 P. 451
• 1909 Wash. LEXIS 1009

Syllabus

<p>Waters and Water Courses — Obstruction—Damages—Joint Liability — Instructions. Instructions authorizing a joint judgment against a driving company and a boom company for damages for obstructions causing an overflow of a stream, if the jury found that they were acting in concert, are not objectionable because of evidence tending to show injuries resulting from separate acts, where the jury were told that, if the injuries were caused by one and not the other and they were not acting in concert, they should bring in a verdict against the one that caused the injury.</p> <p>Appeal — Instructions—Harmless Error. Instructions as to the joint liability of a driving company and a boom company are not prejudicially erroneous from the fact that the evidence tended to show liability on the part of one company only, where both companies were owned by the same parties and under the same management.</p> <p>Trial — Advisory Verdict — Grant oe New Trial — Error oe Law. Where the question of damages is submitted to a jury in an equity case for an advisory verdict, it is error to grant a new trial for error of law in giving instructions to the jury, where the court is of the opinion that the evidence warranted the verdict.</p>